Section 35. Declarations of estimated tax  


Latest version.
  • --   (a)     Requirement  of
      declaration.-- Every resident individual shall make a declaration of his
      estimated tax for the taxable year, containing such information  as  the
      administrator  may prescribe by regulations or instructions, if his city
      adjusted gross income, other than from wages on which  tax  is  withheld
      under  this local law, can reasonably be expected to exceed four hundred
      dollars plus the sum of the city personal  exemptions  to  which  he  is
      entitled.
        (b)  Definition  of estimated tax.--The term "estimated tax" means the
      amount which an individual estimates to be his  income  tax  under  this
      local law for the taxable year, less the amount which he estimates to be
      the sum of any credits allowable against the tax.
        (c)  Joint  declaration  of  husband and wife.--A husband and wife may
      make a joint declaration of estimated tax as if they were one  taxpayer,
      in  which  case the liability with respect to the estimated tax shall be
      joint and several.  No joint declaration may be made if husband and wife
      are separated under a decree of divorce or of separate  maintenance,  or
      if  they  have  different taxable years.  If a joint declaration is made
      but husband and wife elect to determine their taxes under this local law
      separately, the estimated tax for  such  year  may  be  treated  as  the
      estimated tax of either husband or wife, or may be divided between them,
      as they may elect.
        (d) Time for filing declaration.--A declaration of estimated tax of an
      individual  other  than  a  farmer  shall  be  filed  on or before April
      fifteenth of the taxable  year,  except  that  if  the  requirements  of
      subdivision (a) are first met:
        (1)  after April first and before June second of the taxable year, the
      declaration shall be filed on or before June fifteenth, or
        (2) after June first and before September second of the taxable  year,
      the declaration shall be filed on or before September fifteenth, or
        (3)  after  September first of the taxable year, the declaration shall
      be filed on or before January fifteenth of the succeeding year.
        (e) Declaration of  estimated  tax  by  a  farmer.--A  declaration  of
      estimated  tax  of an individual having an estimated city adjusted gross
      income from farming (including oyster  farming)  for  the  taxable  year
      which  is at least two-thirds of his total estimated city adjusted gross
      income for the taxable year may be  filed  at  any  time  on  or  before
      January  fifteenth of the succeeding year, in lieu of the time otherwise
      prescribed.
        (f)  Declaration  of  estimated  tax  of  forty  dollars  or  less.--A
      declaration  of  estimated tax of an individual having a total estimated
      tax for the taxable year of forty dollars or less may be  filed  at  any
      time  on  or  before  January  fifteenth  of  the  succeeding year under
      regulations of the administrator.
        (g) Amendments of declaration.--An individual may amend a  declaration
      under regulations of the administrator.
        (h)  Return  as  declaration  or  amendment.--If on or before February
      fifteenth of the succeeding taxable year an individual files his  return
      for  the  taxable  year  for which the declaration is required, and pays
      therewith the full amount of the tax shown to be due on the return:
        (1)  such  return  shall  be  considered  as  his  declaration  if  no
      declaration  was  required  to  be filed during the taxable year, but is
      otherwise required to be filed on or before January fifteenth, or
        (2) such return shall be considered  as  the  amendment  permitted  by
      subdivision  (g)  to  be filed on or before January fifteenth if the tax
      shown on the return is  greater  than  the  estimated  tax  shown  in  a
      declaration previously made.
    
        (i)  Fiscal  year.--This  section  shall apply to a taxable year other
      than a calendar year by the substitution of the months  of  such  fiscal
      year for the corresponding months specified in this section.
        (j)  Short  taxable year.--An individual having a taxable year of less
      than  twelve  months  shall  make  a  declaration  in  accordance   with
      regulations of the administrator.
        (k) Declaration for individual under a disability.--The declaration of
      estimated  tax  for an individual who is unable to make a declaration by
      reason of minority or other disability shall be made and  filed  by  his
      guardian, committee, conservator, fiduciary or other person charged with
      the  care of his person or property (other than a receiver in possession
      of only a part of his property), or by his duly authorized agent.